Terms of Service

1. Acceptance of Terms

By accessing or using the Kindred Signal website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These terms constitute a legally binding agreement between you and Kindred Signal.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

2. Description of Services

Kindred Signal provides marketing analysis and consulting services, including but not limited to:

• Message testing and validation services
• Channel mix optimization and analysis
• Customer journey mapping and documentation
• Marketing strategy consultation and guidance
• Educational content and resources

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable for any modification, suspension, or discontinuance of services.

3. Acceptable Use Policy

Permitted Uses

You may use our services for lawful business and professional purposes consistent with these terms. This includes:

• Accessing information about our services
• Submitting inquiries through our contact forms
• Engaging with our content and resources
• Participating in services we provide under agreement

Prohibited Uses

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Transmit any viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt our services or servers
• Collect or harvest information about other users
• Impersonate any person or entity or misrepresent your affiliation
• Use our services to spam, harass, or abuse others
• Reverse engineer or attempt to extract source code from our systems
• Use automated systems to access our services without permission

4. User Accounts and Access

Certain features of our services may require account creation or registration. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate your account if you violate these terms or engage in behavior we deem inappropriate or harmful.

5. Service Availability and Modifications

Availability

We strive to maintain continuous availability of our services but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical difficulties or system failures
• Circumstances beyond our reasonable control

Modifications

We reserve the right to:

• Modify or update our services and features
• Change pricing and service offerings
• Remove or add content and functionality
• Implement new requirements or restrictions

6. Intellectual Property Rights

Our Content

All content, materials, and features available through our services, including text, graphics, logos, images, software, and design elements, are the property of Kindred Signal or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our content without our express written permission.

User-Generated Content

When you submit content, feedback, or suggestions to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for purposes of providing and improving our services.

7. Client Engagements and Service Agreements

Professional services provided by Kindred Signal are subject to separate written agreements. These Terms of Service govern your use of our website and general services, while specific client engagements are governed by individual service agreements.

In the event of conflict between these Terms of Service and a specific service agreement, the service agreement shall prevail regarding the services covered by that agreement.

8. Payment and Fees

Fees for our services are as specified in individual service agreements or on our website. Payment terms include:

• All fees are in Australian Dollars (AUD) unless otherwise specified
• Payment is due as outlined in your service agreement
• Late payments may incur additional fees or service suspension
• We reserve the right to modify our pricing with reasonable notice

9. Confidentiality

Both parties agree to maintain confidentiality of any proprietary or sensitive information disclosed during the course of our business relationship. This obligation continues beyond the termination of services.

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from other sources.

10. Disclaimers and Limitations

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• Our services will be uninterrupted, timely, secure, or error-free
• Results obtained from our services will be accurate or reliable
• Any errors or defects will be corrected
• Our services will meet your specific requirements

11. Limitation of Liability

To the maximum extent permitted by law, Kindred Signal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses resulting from:

• Your use or inability to use our services
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties
• Any other matter relating to our services

Our total liability for any claim arising from or relating to these terms or our services shall not exceed the amount you paid us in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kindred Signal, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any rights of another party
• Your breach of any representations or warranties

13. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, with or without notice. Upon termination:

• Your right to use our services immediately ceases
• We may delete your account and associated data
• Provisions of these terms that by their nature should survive will remain in effect

14. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of Victoria, Australia, without regard to conflict of law principles. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

15. General Provisions

Entire Agreement

These terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Kindred Signal regarding our services.

Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these terms or your rights under these terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Information

If you have questions about these Terms of Service, please contact us: